People v. Frank Russo & Stony Brook Systems, Inc.

OPINION OF THE COURT

John Copertino, J.

“The recent past has witnessed an increasing amount of both litigation and counseling in which evidentiary and procedural considerations related to the computer have played a central role; the future promises much more of the same.” (1 Bender, Computer Law: Evidence & Procedure, at xvii.) It is in this context that this court must now resolve defendants’ motion to dismiss the indictment.

I. FACTS

On January 18, 1985, defendants, Frank Russo and Stony Brook Systems, Inc., were indicted for the crime of unlawful use of secret scientific material under Penal…